and so judge joe scanlon who i understand it submitted the written testimony to court, and i hope it is going to be entered into the records notes that # 1 of 10 of the decisions taken up by the supreme are summary ri are rejected and with know that the court is ideologically divided and that means that there is something going on, and outlier effect, and judges flying solo on the ninth circuit which does not exist on the other courts of appeals. it is correlated and perhaps caused by the size of the court. thank you very much. >> thank you. professor fitzpatrick. >> mr. chairman and committee -- j y >> you do have to remember that your old mentor is there and he wants you the strike somal balance of what you remember him teaching you as you dispel his opinion? >> well, yes, i thank you for having me, mr. chairman, and i was an exintern for the judge kaczynski, and clerked for his colleague judge canlscanlon. and the ninth is a fine circuit, but i believe that there ares s i have no question that if we create another sir ut cut, we have to spend money to create a new apparatus. but t